First, as many people know, the classic Star Control games have been available for sale long before Stardock acquired the rights from Atari four years ago. For the entirety of the time we have held the rights, they have been getting paid for those sales. If they had an objection to the games being sold this is something that could and should have been addressed before we were ever involved.

Second, we have stated, repeatedly and consistently for over four years that we are not using any of the aliens from the classic series. As we have stated, our position is that, to the best of our knowledge, the classic alien IP is owned by them.

We have also discussed, at length, why it wasn't commercially viable for us to attempt to continue or retell the Ur-Quan story. 25 years is just too long of a gap. This is one of the reasons why we have been so excited about Paul and Fred's project. Their game frees us to introduce new characters and a new story into the new Star Control while allowing fans of the classic series a way to continue the classic story. This strikes us as a win-win situation.

Lastly, when we acquired Star Control from Atari in 2013, many assets were transferred to us including the various publishing agreements to the Star Control franchise. The short version is that the classic IP is messy. We understand that this makes them "really really angry" but we weren't a party to that agreement. All we can do is try to put something together that releases them from the restrictions placed on their IP that they agreed to and transfer any and all rights and responsibilities to them. We want them to make Ghosts but we don't want any liability or association with it.

Given the disturbing and unanticipated post by Paul and Fred, we are persuaded more than ever that a clear and irrefutable document that makes it clear that we are not associated or involved with their new game is needed.

We have nothing but respect and admiration for Paul and Fred and wish them well in their new project.

Update 12/4/2017:

Paul and Fred continue to make unsubstantiated claims regarding the DOS-based Star Control games. If they have any documentation to provide evidence to their assertions, we have yet to see them.

Stardock, by contrast, possesses a perpetual, exclusive, worldwide licensing and sales agreement that was explicitly transferred to us by Atari who in turn acquired it from Accolade that has Paul Reiche's signature along with a signed distribution agreement between Atari and GOG for the DOS Accolade Star Control games.

The tone of their blog posts is similar to the kind of correspondence they had with us since the announcement of their Ur-Quan Masters successor, vague, full of demands and without any documentation.

With all due respect to Paul and Fred, they really should talk to competent legal counsel instead of making blog posts.

Update 12/5/2017:

Dealing with the sales and distribution of 20+ year old DOS games is an unusual way to spend a Tuesday afternoon. Nevertheless...

Atari had transferred to Stardock a signed agreement between Atari's President and GOG that we assumed was the agreement. Paul and Fred claimed they were the ones who had set up the agreement and upon verification with GOG, we instructed them to terminate this agreement which they have which we appreciate.

The games are now correctly transferred to Stardock and we will continue to ensue that Fred and Paul receive royalty payments for the games per the publishing agreement. We apologize if anyone was inconvenienced.

Old IP can be messy to deal with. The best way to deal with that is to have the parties talk to each other (as opposed to making public Internet posts) and work something out. We remain committed to dealing with this situation with as much restraint and gentleness as possible.

Paul & Fred's rant yesterday was an embarrassment. I hope it's a misunderstanding for GotP's sake, however if this is the kind of weird excuses we can expect from our holy dark gods Dogar and Kazon only 2-3 months since GotP's announcement... it doesn't look good for it ever even getting off the ground.

Shows the Accolade-Atari deal followed by Atari-Stardock deal to acquire the rights to Star Control were a confusing mess. Even the direct parties involved are confused. Based on their post, they want two things:

A guarantee (perhaps on paper) that they can pursue GotP without any interference/permission from Stardock

Stardock to stop selling the classic Star Control games. (why now after 4 years?)

It’s our opinion that Atari’s rights to publish our earlier games terminated over a decade before the auction and we contend that Stardock has zero rights to our games, including any code and other IP we created.

All we can do is try to put something together that releases them from the restrictions placed on their IP that they agreed to and transfer any and all rights and responsibilities to them.

In other words, Stardock believes Paul and Fred need to enter into some sort of agreement with them to be allowed to make their game. So Paul and Fred's claims Stardock is preventing them from making their game are true.

All we can do is try to put something together that releases them from the restrictions placed on their IP that they agreed to and transfer any and all rights and responsibilities to them.

In other words, Stardock believes Paul and Fred need to enter into some sort of agreement with them to be allowed to make their game. So Paul and Fred's claims Stardock is preventing them from making their game are true.

Thats fine. Theyve done nothing with the franchise for over two decades, and now suddenly theyre making a sequel? Sorry but I wont hold my breath. Im all in Stardocks corner on this one.

All we can do is try to put something together that releases them from the restrictions placed on their IP that they agreed to and transfer any and all rights and responsibilities to them.

In other words, Stardock believes Paul and Fred need to enter into some sort of agreement with them to be allowed to make their game. So Paul and Fred's claims Stardock is preventing them from making their game are true.

Stardock doesn't want to be responsible if Ghosts will stink. An agreement is the only way to protect Stardock.

All we can do is try to put something together that releases them from the restrictions placed on their IP that they agreed to and transfer any and all rights and responsibilities to them.

In other words, Stardock believes Paul and Fred need to enter into some sort of agreement with them to be allowed to make their game. So Paul and Fred's claims Stardock is preventing them from making their game are true.

I feel like you're reading something into the statement that isn't there.

Paul and Fred are not being restricted by Stardock in regards to making their game or using the assets to do so. Stardock is supportive of the project and even promoted it. Brad is simply stating that in order to them to be free from ANY restrictions they would need to draw up the appropriate paperwork and release the rights and responsibilities to them. Since Stardock owns these rights at this time that's the only option for them to feel "free" of the VERY open agreement already in place.

You guys realize it looks a little sinister to emphasize "responsibilities", like there's something in there someone wouldn't want? Like, what.. the "responsibilities" include some kind of debt or negative legal baggage? What are the downsides to having a clear path to the rights?

I agree with the general tone there. Nothing useful in suggesting a negative view in any direction when all we know is that FF&PR posted something we don't fully get, and Stardock is pretty chill. Due to Brad's comment, it looks more likely to be resolved than it hypothetically could have.

You guys realize it looks a little sinister to emphasize "responsibilities", like there's something in there someone wouldn't want? Like, what.. the "responsibilities" include some kind of debt or negative legal baggage? What are the downsides to having a clear path to the rights?

From what I understand the normal stuff when it comes to protecting IP.

For example, if someone were to pirate Star Control 2 now it's Stardock's job to go after them. The same if someone would take assets from the old games and put them in a product they sold.

If Paul and Fred signed the agreement they would be responsible for protecting their IP.

Well, considering how pissed I was years ago that Star Control: Origins wasn't going to have the original aliens in it, it is pretty clear who is spouting bullshit, and that would be Paul and Fred.

Clearly they also didn't have any intent to settle the publishing rights issue quietly, or they would have resolved it infront of a judge without name dropping Brad in a shit post. I'd suspect the strategy here is to try and create an angry fan base against Star Dock to damage Star Control Origin sales in hopes to make Star Dock more malleable in negotiations.

I wouldn't be surprised if Activision Lawyers are ultimately behind this trying to usurp Star Control now that they've seen the success of Star Control: Origins.

Finally, I can beat the average AI in Off World Trading Company and feel I am qualified to offer the following advice. "F those guys, tell them if they want to publish a new Star Control game (they've had plenty of time) is has to be through Star Dock... Ultimately that will be sticking it to Activision (the people behind the problem), and let's be honest, F all those big metric driven game developers, they're bad for gamers"

They don't own Star Control. They have never owned Star Control. Accolade owned the Star Control games. Paul and Fred designed Star Control II. That doesn't give them ownership of the game. That is why, when you look at the box, it's Accolade and only Accolade on the front. On the back of the box, it lists Paul and Fred as designers.

This doesn't take away any of the respect or admiration we have for what Paul and Fred did. But they really need to quit claiming to have some special rights to Star Control. I would imagine their current employers, Activision, would take a dim view of them claiming ownership of Skylanders.

Them suggesting that Star Control I and III will soon be free is about as meaningful as them saying that Skylanders will soon be free. They weren't even involved in Star Control III unless they are now going to claim they were behind Space Cows.

Is there something in the contract that stops you from posting the contract? At this point, it's just a game of he-said, she-said, while the actual facts are sitting in a folder someplace gathering dust. I don't understand why you, or they, don't simply post the contract that defines the rights and responsibilities as you, and they, understand them.

It you could do that, it would likely help to clear up things for a lot of people. Right now, customer trust is being eroded on both sides, and that is tiring.

Is there something in the contract that stops you from posting the contract? At this point, it's just a game of he-said, she-said, while the actual facts are sitting in a folder someplace gathering dust. I don't understand why you, or they, don't simply post the contract that defines the rights and responsibilities as you, and they, understand them.

It you could do that, it would likely help to clear up things for a lot of people. Right now, customer trust is being eroded on both sides, and that is tiring.

Depending on the circumstances (and what the lawyers say) that may indeed have to happen for exactly the reasons you describe.

Second, I don't know if this will help you guys clear anything up, but the Star Control Collection CD lists it pretty clearly. The "game" for both Star Control I and II were owned by Fred and Paul, starting in 1991&1992 respectively and active until at least 1994 when the collection was released. The Star Control I and II trademark was owned by Accolade. Other back of the box art seems to support that as well.

Now, I know things may have changed, contractually, since then, but it may be worth examining closely to understand where the confusion appeared.

It is also worth considering the idea that verbiage in the contract with Atari made assumptions which were not accurate, and weren't caught at the time. That wouldn't necessarily cause a transfer of ownership at that time, but it could muddy the waters as the contract transfers from party to party.

Oh, I know. I was bringing it up because this part of your statement gave me the impression there was some confusion as to the ownership of the game itself, not simply the trademarked name:

"Accolade owned the Star Control games. Paul and Fred designed Star Control II. That doesn't give them ownership of the game."

Now, if you're talking about licensed rights for distribution... that's something no one but you and they would know about. Anyway, not trying to kick the hornets nest. Just trying to add clarification for folks.

The game universe is another thing... really, it sounds like the whole thing is a nightmare created by lawyers in order to keep lawyers relevant to the discussion. lol

Indeed. Which is why I kept suggesting to just get on the phone with me and talk about it so that we could work out a win-win solution. Instead, they responded with lawyers.

Consider all the opportunities to work together for mutual benefit. Stardock is spending millions of dollars to bring Star Control to a whole new generation. We've been publicly singing their praises for four years and providing regular private updates on our progress. Now, I'm being insulted and vilified by people I consider my heroes. And for what?

I don't think they want to be part of your thing, they just want to make their game on their own. You keep representing them as under your umbrella and are apparently restricting them in some way that prevents them from continuing. I'd certainly not be happy with you if that were happening to me.

The community just wants to see games get made, and this isn't games getting made.

All we can do is try to put something together that releases them from the restrictions placed on their IP that they agreed to and transfer any and all rights and responsibilities to them.

What are these 'restrictions placed on their IP' that seem to be what you believe restricts them? And in what way are they trying to associate with you? I don't think they want to associate with you, which is why I'm confused. Can you go into more detail as to what the attempted association is?